Witnesses Say Language Assistance Provision of VRA Still Needed
Feature Story by Tyler Lewis - 12/7/2005
This story is the fifth in a series on Congress' hearings on the Voting Rights Act of 1965.The need for language assistance for voters with limited English proficiency was the focus of House Judiciary Committee hearings on the reauthorization of the Voting Rights Act of 1965 (VRA) on November 8 and 9.
Section 203 of the VRA requires certain jurisdictions to provide language assistance to citizens who are limited English proficient. It was added to the VRA in 1975 and is one of the provisions of the Act set to expire in August 2007.
The VRA defines "language minority groups" as persons "who are American Indian, Asian American, Alaskan Natives, or of Spanish heritage." A county is subject to Section 203 if more than 5% of the citizen voting age population, or 10,000 citizens of voting age, are members of a single language minority who are limited English proficient; and the illiteracy rate of the citizens in that group is higher than the national illiteracy rate.
Witnesses representing language minority voters described continued threats to the voting rights of their constituents and how Section 203 keeps them at bay. Margaret Fung, executive director of the Asian American Legal Defense and Education Fund, spoke of the numerous instances of voting discrimination against Asian Americans around the country.
Juan Cartegena, general counsel for Community Service Society, a New York-based independent, nonprofit organization, testified that, "Since the last renewal of Section 203 in 1992, New York and New Jersey have required aggressive enforcement activity to force compliance from both the Department of Justice and private attorneys general."
Bradley J. Schlozman, acting assistant attorney general of the Department of Justice's Civil Rights Division, referred to the Division's enhanced work in recent years in prosecuting violations of Section 203. Over the past four years, the Division has filed and successfully resolved more cases under Section 203 than in the entire previous 26 years the provisions have been applicable.
Native Americans were the last group to receive the right to vote when they were made U.S. citizens in 1924. Jacqueline Johnson of the National Congress of American Indians said that numerous cases involving Native Americans have been filed under Section 203.
Discussing the need for the reauthorization of Section 203, Johnson said, "In many Native communities, tribal business is conducted exclusively or primarily in Native languages. Many Native people, particularly our elders, speak English only as a second language."
Dr. James Tucker of Ogletree Deakins, P.C. and adjunct professor at the Barrett Honors College at Arizona State University, refuted criticism that bilingual assistance is too costly for jurisdictions and should be discontinued. Dr. Tucker is conducting a nationwide study of bilingual assistance programs that will be released later this year and will survey jurisdictions in 33 states.
His preliminary findings indicate that of the 154 jurisdictions reporting use of oral language assistance, 59 percent incurred no additional costs. 54 percent of the 144 jurisdictions reporting use of written language material incurred no additional costs, according to his preliminary findings.
House Begins Hearings on Voting Discrimination and Reauthorization of the VRA
Witnesses Describe Effectiveness of Voting Rights Act
Focus of Voting Rights Act Hearings Switches to Threats Kept at Bay
Witnesses Say Redistricting Case Limits the Effectiveness of the VRA
